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Home My WebLink AboutAGE COUNCIL 05/19/2015 2012-2014DRU MAMO KANUHA Chair and Presiding Officer VALERIE T. POINDEXTER Vice Chair 13th Session AARON S. Y. CHUNG MAILS "MEDEIROS" DAVID KAREN EOFF GREGGORILAGAN DENNIS "FRESH" ONISHI DANNY PALEKA MARGARET WILLE COUNTY COUNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street `i n Hilo, Hawai 96720 c� ORDER OF BUSINESS tV �� West Hawaii Civic Center w 74-5044 Ane Keohokdlole Highway, Building A Kailua-Kona, Hawaii May 19, 2015 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Pastor Dean Stanley of Kona Baptist Church Serving the Interests of the People of Our Island Hawai `i County is an Equal Opportunity Provider and Employer. Hawaii County Council -13 May 19, 2015 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (9:00 A.M.) (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.) APPROVAL OF MINUTES COMMUNICATIONS Comm. 293: NOMINATION OF STEPHEN D. LOPEZ TO THE LIQUOR COMMISSION From Mayor William P. Kenoi, dated April 20, 2015, submitting for the Council's review and confirmation the above nomination. Waived: PSMTC Comm. 294: NOMINATION OF ROBERT A. BECKER TO THE FIRE COMMISSION From Mayor William P. Kenoi, dated April 20, 2015, submitting for the Council's review and confirmation the above nomination. Comm. 295 Comm. 296 Waived: PSMTC NOMINATION OF KANOE A. WILSON TO THE WATER BOARD From Mayor William P. Kenoi, dated April 20, 2015, submitting for the Council's review and confirmation the above nomination. Waived: PC NOMINATION OF RYAN N. KOHATSU TO THE GAME MANAGEMENT ADVISORY COMMISSION From Mayor William P. Kenoi, dated April 20, 2015, submitting for the Council's review and confirmation the above nomination. Waived: AWESC Comm. 297: NOMINATION OF ARTHUR F. BUCKMAN TO THE POLICE COMMISSION From Mayor William P. Kenoi, dated April 29, 2015, submitting for the Council's review and confirmation the above nomination. Waived: PSMTC Page 2 Hawaii County Council -13 May 19, 2015 Comm. 305: NOMINATION OF KEITH F. UNGER TO THE LEEWARD PLANNING COMMISSION From Mayor William P. Kenoi, dated April 29, 2015, submitting for the Council's review and confirmation the above nomination. Waived: PC Comm. 306: NOMINATION OF JAMES G. FRITZ TO THE ENVIRONMENTAL MANAGEMENT COMMISSION From Mayor William P. Kenoi, dated April 29, 2015, submitting for the Council's review and confirmation the above nomination. Waived: EMC Comm. 307: NOMINATION OF LENINGRAD ELARIONOFF TO THE WATER BOARD From Mayor William P. Kenoi, dated April 29, 2015, submitting for the Council's review and confirmation the above nomination. Waived: PC Comm. 312: REQUEST BY COUNCIL MEMBER MARGARET WILLE TO PROVIDE A REPORT OF HER ATTENDANCE AT THE HAWAII COUNTY DEMOCRATIC CONVENTION, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e) From Council Member Margaret Wille, dated May 1, 2015. Waived: GREDC ORDER OF RESOLUTIONS Res. 166-15: ACCEPTS THE DEDICATION OF ROAD LOT (12.5 FEET WIDE RIGHT-OF- WAY), BEING A PORTION OF ALLOTMENT 14 OF HOLUALOA 1 AND 2 PARTITION (MAUKA SECTION) BEING A PORTION OF ROYAL PATENT 4475, LAND COMMISSION AWARD 7713, APANA 43 TO VICTORIA KAMAMALU, TAX MAP KEY: 7-6-004:059, SITUATED AT HOLUALOA 1 AND 2, DISTRICT OF NORTH KONA, ISLAND OF HAWAII, FROM MILLICENT A. GRAND, SUCCESSOR TRUSTEE OF THE LILLIAN U. TOWATA REVOCABLE LIVING TRUST DATED JANUARY 24, 1999 The road lot contains an area of 1,657 square feet, and would be used for public road purposes. Reference: Comm. 266 Intr. by: Ms. Poindexter Approve: PWPRC-9 Page 3 Hawaii County Council -13 May 19, 2015 Res. 186-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HEALTH (DOH), PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO MITIGATE THE ISSUE OF ILLEGALY DUMPED TIRES THROUGHOUT THE COUNTY OF HAWAII Authorizes $45,000 from the State's DOH to the County to be used towards abandoned motor vehicle tire disposal fees and to assist programs that promote the removal of these tires. Reference: Comm. 298 Intr. by: Ms. Eoff Waived: FC Res. 187-15: AUTHORIZES THE ABANDONMENT AND DISPOSITION OF A PORTION OF PUAKO ROAD SITUATED AT PUAKO, DISTRICT OF SOUTH KOHALA, COUNTY AND STATE OF HAWAII, BEING TAX MAP KEY: 6-6-002 (PORTION) TO THE STATE OF HAWAII, DEPARTMENT OF LAND AND NATURAL RESOURCES (DLNR), DIVISION OF STATE Authorizes the abandonment of "Parcel C," measuring approximately 6.665 acres, to the State DLNR for incorporation into Hapuna State Park. Reference: Comm. 300 Intr. by: Ms. Eoff Waived: FC Res. 188-15: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A DIGITAL VIDEO RECORDER AND CAMERAS TO THE DEPARTMENT OF PARKS AND RECREATION Donated by the Keaukaha Community Association with a combined value of $4,474.97 to provide video surveillance at Kawananakoa Gym and Hualani Park in Keaukaha. Reference: Comm. 301 Intr. by: Ms. Eoff Waived: FC Page 4 Hawaii County Council -13 May 19, 2015 Res. 189-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO COVER UNANTICIPATED EXPENSES IN THE HAWAII STATE ASSOCIATION OF COUNTIES/NATIONAL ASSOCIATON OF COUNTIES (HSAC/NACo) ACCOUNT Transfers/appropriates $5,000 out and from the Clerk -Council Services Other Current Expenses, Miscellaneous Charges account; and credits the same to the HSAC/NACo, Travel/Conferences, Travel/Conference account. Funds would be used for the 2015 NACo Western Interstate Region Conference held in May and monthly HSAC Executive Board meetings for the remainder of the fiscal year 2014-2015. Reference: Comm. 302 Intr. by: Mr. Onishi Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 48: Bill 50: NAMES A COUNTY PARK AND RECREATIONAL FACILITY AT KOHANAIKI, DISTRICT OF NORTH KONA, COUNTY OF HAWAII, AND AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PARKS AND RECREATIONAL FACILITY SCHEDULE Names the beach park located at Kohanaiki, North Kona, the "Kohanaiki Beach Park." Reference Intr. by: Approve: Comm. 284 Ms. Eoff PWPRC-10 AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30. 2015 Appropriates revenues in the State Grants — Abandoned Motor Vehicle Tires account ($45,000); and appropriates the same to the Abandoned Motor Vehicle Tires. Funds would be used towards abandoned motor vehicle tire disposal fees and to assist programs that promote the removal of these tires. Reference: Comm. 298 Intr. by: Ms. Eoff Waived: FC Page 5 Hawaii County Council -13 May 19, 2015 Bill 51: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30. 2015 Increases revenues in the State Grants — Department of Health — Tobacco Sting Grant account ($12,000); and appropriates the same to the Department of Health — Tobacco Sting Grant. Funds would be used to prevent the sale of tobacco to minors. Reference: Comm. 299 Intr. by: Ms. Eoff Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 38: AMENDS ORDINANCE NO. 08-115, WHICH AMENDED ORDINANCE NO. 93-36, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — 20 ACRES (A -20a), AGRICULTURAL — 10 ACRES (A -10a), AND AGRICULTURAL — 3 ACRES (A -3a) TO RESIDENTIAL AND AGRICULTURAL — 1 ACRE (RA -la) AT KUKUAU 1sT, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEYS: 2-4-082:001-56,58-61 (FORMERLY 2-4-008: PORTIONS OF 014 AND 026) (Applicant: Moaniala Holding, LLC) (Area: 171.84 acres) The Windward Planning Commission forwards its favorable recommendation for this amendment to Change of Zone Ordinance No. 08-115, which would: 1) Modify the timing of water commitment payments; 2) Grant a time extension to secure Final Subdivision Approval; 3) Modify road construction requirements for Kawailani Street and Kupulau Street extensions; and 4) Update Fair Share Contribution rates, including considerations for potential changes to credits associated with roadway improvements. Reference: Comm. 232 Intr. by: Mr. Eagan (B/R) First Reading: May 6, 2015 Bill 39: AMENDS CHAPTER 14, ARTICLE 13, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SOLICITING FOR MONEY OR OBJECTS OF VALUE Amends multiple definitions and what constitutes a prohibited act to expand and more clearly define first amendment protections for solicitation -related activity. Reference: Comm. 233 Intr. by: Mr. Kanuha (B/R) First Reading: May 6, 2015 Page 6 Hawaii County Council -13 May 19, 2015 Bill 40 AMENDS CHAPTER 15, ARTICLES 2 AND 3, OF THE HAWAII COUNTY (Draft 3): CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKS AND RECREATION Amends various sections to expand and more clearly define first amendment protections for solicitation -related activity at County parks and recreational facilities. Reference: Comm. 234.4 Intr. by: Mr. Kanuha (B/R) First Reading: May 6, 2015 Bill 41: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Federal - 2015 Block Grant account ($2,465,271) and the Block Grant - Program Income account ($215,925.52); and appropriates the same to the following accounts: Hilo Adult Day Care Center - Foundation and Site Improvements ($700,000); West Hawaii Emergency Shelter - Kitchen Renovations ($255,000); Habitat for Humanity Affordable Workforce Housing - Land Acquisition ($132,000); Pahoa Fire Station - Wild Brush Truck Acquisition $235,000; West Hawaii Homeless Micro Housing Units - Site Improvements ($434,771); Kamakoa Nui Mutual Self -Help Housing - Land Acquisition ($200,000); Kona Domestic Abuse Shelter - Kitchen Renovations ($86,500); Residential Emergency Repair Program ($237,925.52); and Administration, Planning & Fair Housing ($400,000). Reference: Comm. 237 Intr. by: Ms. Eoff First Reading: May 6, 2015 Bill 42: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30. 2015 Appropriates revenues in the Federal - 2015 HOME Program account ($2,852,059) and the HOME Grant - Program Income account ($69,941.21); and appropriates the same to the following accounts: Tenant Based Rental Assistance ($666,178.21); Hale Ulu Hoi I and II Apartments ($400,000); Mohouli Heights Senior Neighborhood 2 ($669,287); Habitat for Humanity Affordable Workforce Housing ($600,000); Kumakua Self -Help Housing, Increment 2B ($160,000); Micro Housing First Project ($276,427); and Office of Housing and Community Development Administration ($150,108). Reference: Comm. 238 Intr. by: Ms. Eoff First Reading: May 6, 2015 Page 7 Hawaii County Council -13 May 19, 2015 Bill 43: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30. 2015 Increases revenues in the Transfer from General Fund account ($10,000); and appropriates the same to the Recycling Programs -County Other Current Expense account (Grant to Recycle Hawaii, Zero Waste Programs - District 9). Funds would be used to support, initiate, and facilitate Zero Waste programs at District 9 public and charter schools. Reference: Comm. 239 Intr. by: Ms. Eoff First Reading: May 6, 2015 Bill 49: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30. 2015 Appropriates revenues in the State Grants — Wellhead Protection Program Grant account ($60,000); and appropriates the same to the Wellhead Protection Program Grant account. Funds would be provided to the Department of Environmental Management to advertise and conduct Household Hazardous Waste collection events around the island. Reference: Comm. 286 Intr. by: Ms. Eoff First Reading: May 6, 2015 REPORTS REFERRALS FOR EXECUTIVE SESSION A 2/3 vote pursuant to Hawaii Revised Statutes, Section 92-4, and Rule Nos. 2 and 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation `By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. Page 8 Hawaii County Council -13 May 19, 2015 The meeting places are accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by May 15, 2015. Relay users please call 711(961-8255) to contact our office. Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") §92-3.5, the Hawaii County Council will be conducting this meeting via videoconference. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Council Members will be present at the following location: • Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401. (Pursuant to HRS §92-7 and Council Rule No. 2, Council Member Danny Paleka will be participating from the Hilo Council Chambers.) Public attendance via videoconference will be available at the Hilo location. Public attendance via videoconference is also available at the following location until 4:30 p.m. or later in the event public testimony has not been completed: • Waimea Council Office, Holomua Center, 64-1067 Mamalahoa Highway, Suite 5. Public attendance via videoconference is also available at the following locations until public testimony has been completed: • County Facility (former Bank of Hawaii Building), 54-3888 Akoni Pule Highway, Kohala; • Hawaiian Ocean View Estates Community Center, 92-8924 Leilani Circle; and • Pahoa Neighborhood Facility, 15-2710 Kauhale Street. Live stream of County Council Meetings: Council meetings are available for live viewing. Click on Council Meetings on the County's homepage at htip://www.hawaiicounty_.gov. Copies of this agenda and items listed on the agenda are available on the County Council -Clerk web page at http://www.hawaiicounty.gov/lb-council-meeting. For further information, please call 961-8255. Submitting Written Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for distribution. Public testimony may also be submitted before 12:00 noon on the business day prior to the meeting: (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to counciltestiinonyLq)hawaiicouno�.ov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address (url) to videotestimonyghawaiicounty_.gov before 12:00 noon on the business day prior to the meeting. The e-mail shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, or report number), and number of testifiers on the video submittal. Each video submittal shall be limited to a single agenda item. Video submittals may contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony will not be played during the meeting; however, it will be distributed to Council Members prior to the meeting. The Office of the County Clerk reserves the right to refuse testimony containing inappropriate content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). Page 9 Hawaii County Council -13 May 19, 2015 Viewing of Meetings on Government Access Television - Channel 55: Wednesdays, May 27 and June 3, 2015 (to follow the viewing of the May 18, 2015, meeting scheduled to start at 6 p.m.); Fridays, May 29 and June 5, 2015 (to follow the viewing of the May 18, 2015, meeting scheduled to start at 12 p.m.); and Sundays, May 31 and June 7 (to follow the viewing of the May 18, 2015, meeting scheduled to start at 9 a.m.). (These airtimes are subject to preemption by broadcasts from the State Legislature, and are subject to change by Na Leo `O Hawaii. Please check the current legislative broadcast schedule on the Na Leo `O Hawaii website at http://www.naleo.ty/ty- schedules/channel-55/.) UPCOMING MEETINGS SPECIAL MEETING OF THE COUNCIL COMMITTEES COUNCIL COMMITTEES COUNCIL MONDAY, JUNE 1, 2015 TBA TUESDAY, JUNE 2, 2015 TBA WEDNESDAY, JUNE 3, 2015 9:00 A.M. MONDAY, JUNE 15, 2015 COUNCIL ROOM - HILO 25 Aupuni Street COUNCIL ROOM - HILO 25 Aupuni Street COUNCIL ROOM - HILO 25 Aupuni Street TBA WEST HAWAII CIVIC CENTER 74-5044 Ane Keohokalole Highway Building A TUESDAY, JUNE 16, 2015 9:00 A.M. WEST HAWAII CIVIC CENTER 74-5044 Ane Keohokalole Highway Building A Page 10